Esther Buchanan v. Northland Group, Inc.
Court of Appeals for the Sixth Circuit
1Opinion of the CourtSutton, J., joined by Rosenthal, D.J.,
KETHLEDGE, J. (pp. 400-02), delivered a separate dissenting opinion.
OPINION
SUTTON, Circuit Judge.
Northland Group made a “settlement offer” to Esther Buchanan to resolve an unpaid debt without disclosing that the statute of limitations had run on the debt. Claiming that the letter falsely implied that Northland could enforce the debt in .court, Buchanan filed a class action on behalf of herself and other similarly situated debtors under the Fair Debt Collection Practices Act. Northland filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, prompting this…
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